Firearm by Felon Lawyer Chesterfield County, VA
A charge under Virginia Code § 18.2-308.2 for possession of a firearm by a convicted felon is a serious felony matter in Chesterfield County. The Commonwealth’s Attorney prosecutes these cases actively, and a conviction can result in years of incarceration, substantial fines, and a permanent bar on firearm rights. Mr. Sris and the firm’s Of Counsel attorneys represent clients facing this charge in the Chesterfield County General District Court and the Chesterfield County Circuit Court. The firm’s Richmond Location serves clients throughout the county, including Midlothian, Chester, Bon Air, Brandermill, Moseley, and the Colonial Heights area. To discuss the specific facts of your situation and your legal options, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm by Felon Charge Means in Chesterfield County
Under Va. Code § 18.2-308.2, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. The offense is a Class 6 felony, carrying a potential sentence of one to five years in prison, although a jury or judge may impose a sentence of up to twelve months in jail if the facts warrant. The statute imposes mandatory minimum terms of imprisonment when the underlying felony conviction was a violent felony as defined in § 17.1-805. If the prior violent felony occurred within the preceding ten years, a two-year mandatory minimum applies. If the firearm possessed was loaded and the prior violent felony was within ten years, the mandatory minimum rises to five years. These mandatory minimums must be served day for day and cannot be suspended.
In Chesterfield County, a firearm by felon charge begins in the Chesterfield County General District Court, located at 9500 Courthouse Road. That court handles the initial appearance, bond determination, and a preliminary hearing for felony cases. If the judge finds probable cause, the case is certified to the Chesterfield County Circuit Court for trial. The Commonwealth’s Attorney for Chesterfield County prosecutes the charge, and defendants have an absolute right to a jury trial in Circuit Court. Because the consequences of a conviction are severe and can include federal parallel prosecution under 18 U.S.C. § 922(g), early engagement with experienced defense counsel is critical. The timelines set by the court and the complexity of the facts in each case guide the defense strategy from the outset.
A first offense for possession of a firearm by a convicted felon under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison, but the court may impose up to twelve months in jail. Mandatory minimums of two or five years apply when the prior felony was violent and within a specified period.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Firearm by Felon Cases
Mr. Sris and the firm’s Of Counsel attorneys evaluate every firearm by felon case in Chesterfield County by examining the underlying basis for the charge. The prosecution must prove that the individual knew they were a convicted felon and that they knowingly possessed or transported a firearm. The defense strategy may challenge the legitimacy of the traffic stop or search, the chain of custody of the alleged firearm, or the classification of the prior felony. The firm’s Of Counsel team includes a former Virginia State Trooper who brings firsthand insight into police procedures, investigative techniques, and enforcement practices—knowledge that is often essential when questioning the validity of a stop or the discovery of evidence.
The procedural posture of the case influences the defense approach. At the preliminary hearing in Chesterfield County General District Court, the Commonwealth must present sufficient evidence to establish probable cause. If the evidence is weak, the charge may be dismissed or amended. In the Circuit Court, Mr. Sris and the firm’s Of Counsel attorneys prepare thoroughly for trial, but they also engage with the prosecutor to explore resolutions that might reduce the charge to a non-firearm offense or achieve a sentence that avoids mandatory minimums where possible. The goal in every case is to work toward a favorable outcome given the specific facts and the applicable law.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced criminal law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive collective experience to Chesterfield County criminal matters. The firm’s Richmond Location serves clients throughout the county, and the legal team includes professionals with backgrounds in law enforcement and prosecution—perspectives that inform a comprehensive defense. To discuss your case with Mr. Sris and the firm’s Of Counsel attorneys, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Chesterfield County General District Court is currently presided over by Hon. Matthew Donald Nelson. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on criminal matters should plan filings accordingly.
Frequently Asked Questions
What are the penalties for firearm by felon in Chesterfield County?
A conviction for possession of a firearm by a convicted felon in Chesterfield County is a Class 6 felony, punishable by one to five years in prison, with mandatory minimum sentences of two or five years if the prior felony was violent and within the statutory timeframe. The mandatory minimums apply when the prior violent felony conviction occurred within ten years, and a loaded firearm can increase the mandatory minimum to five years. The court may also impose fines and a period of post-release supervision. Because the offense carries the possibility of mandatory time that cannot be reduced by good behavior, the sentencing exposure is significant.
Can a convicted felon ever own a gun again in Virginia?
A felon may regain firearm rights in Virginia only through a gubernatorial restoration of rights or a pardon, not through expungement. Even after completing a sentence, including probation, a felony conviction creates a lifetime bar on firearm possession under both state and federal law. A petition for restoration of rights is a separate civil process, and while the governor has restored rights for many nonviolent offenders, the process does not guarantee success and does not remove the federal bar. Legal guidance is essential to understand eligibility.
What are common defenses to a firearm by felon charge?
Defenses often challenge whether the accused knowingly possessed the firearm, whether the prior felony qualifies under the statute, or whether the search that uncovered the firearm was lawful. For example, if the firearm was found in a vehicle and the defendant was a passenger without actual knowledge of its presence, the knowledge element may be contested. Additionally, if the prior felony was later reduced to a misdemeanor or if the individual’s civil rights had been restored in a way that affects the state prohibition, the charge may be invalid. Each case is fact-specific.
Do I need a lawyer for a firearm by felon charge in Chesterfield County?
Yes, because a conviction carries mandatory prison time and a permanent firearm disability, and because the procedural rules in Chesterfield County courts demand experienced representation. The Commonwealth’s Attorney will seek the maximum available penalty, and without counsel, a defendant risks waiving important constitutional rights, missing filing deadlines, or accepting a plea deal that does not fully account for the collateral consequences. An attorney can evaluate the evidence, negotiate with the prosecutor, and present a defense tailored to the facts.
How does the court process work for this charge in Chesterfield County?
The case begins with an arrest and an initial appearance before a magistrate, then proceeds to a preliminary hearing in Chesterfield County General District Court, and if certified, trial in Chesterfield County Circuit Court. At the preliminary hearing, the prosecutor must show probable cause that the defendant committed the offense. If the judge finds probable cause, the case is transferred to Circuit Court, where the defendant may demand a jury trial. Throughout the process, bond conditions, discovery, and motion practice shape the case. The timeline varies by case complexity and the court’s calendar.
Outbound Authority Links
For the controlling statute, see Va. Code § 18.2-308.2. For court procedures and scheduling in Chesterfield County, visit Chesterfield County General District Court and Chesterfield County Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary. Case results depend on a variety of factors unique to each case.